Terms and conditions.

These Terms and Conditions govern your use of the Faceifi service (the "Service") which can be accessed via our website at www.faceifi.com (the “Website”) or by downloading our mobile application (the "App"). Please read there Terms and Conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions please do not use the Service. If you have any questions about these Terms and Conditions please contact hello@faceifi.com.

PLEASE NOTE: Our Service is intended for use by those who are eighteen (18) years or older. Accordingly, you must be eighteen (18) years of age or older to use the Service and to create an Account. By registering with use and creating an Account you represent that you are over eighteen and have legal capacity to agree to these Terms and Conditions.

// 1. Information About Us

The Service is operated by Faceifi Limited a limited company registered in England and Wales under company number 08360333 with its registered office at Spaceworks, Benton Park Road, Newcastle, England, NE7 7LX. Please contact us by sending an email to hello@faceifi.com.

// 2. The Service

The Service enables a person (a "User") to register with us and to create an account (an "Account"). A User can then upload images of their face to create a facial profile ("Facial Profile") and they can associate their Facial Profile with a chosen URL. Users can also create groups ("Groups") linked to their Facial Profile and they can invite other Users of the Service to link their Facial Profiles to that Group.

The service also enables Users to upload images of other people to see whether the Service recognises them as a registered User of the Service ("Search"). When a User carries out a Search the Service will return a list of possible matches for the image they have uploaded as well as details of any associated URLs and Groups.

By Creating an Account and a Facial Profile you are agreeing that we may use your information, including information concerning your Facial Profile, in the ways described above and in section 3 below.

Full details of the Service will be published on our Website from time to time. We are continually seeking to develop and improve the Service we offer and so we reserve the right, at our absolute discretion, to make changes to any part of the Service without notice.

// 3. Creating an Account

You can create an Account by visiting our Website or downloading the App and by following the instructions given there.

By registering with us and creating an Account you are forming a contract with us. The contract between us will consist of your registration details, these Terms and Conditions and our Privacy Policy.

You must ensure that the information provided on registering with us is correct, complete and not misleading. You should inform us promptly of any changes to the information provided, by updating your Account details, so we can communicate with you effectively.

If you register to use the Service via the Website you will be allocated a username and password or you may access the services using your Twitter or Facebook account details (“ID”). You must not permit anybody else to use your ID to access or use the Services and you will be responsible for all use of the Service using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID you must notify us immediately by emailing hello@faceifi.com.

If we reasonably believe that your ID is being used in any way which is not permitted by these Terms and Conditions, we reserve the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issue has been resolved.

Important Conditions and Disclaimers

We may create and reserve profiles for individuals we deem to public figures in order to protect those accounts from imitation and to hold the relevant username until such a time that they are claimed by those individuals. In such instances, public figure accounts will lead Faceifi users who find them in results to third party websites that contain publicly available information relating to that public figure, the content of which we take no responsibility for nor have any affiliation with. Public figures can claim these reserved usernames and accounts free of charge by emailing hello@faceifi.com or with a request sent by direct message to the Faceifi Twitter account (@Faceifi). Until such time that these accounts are claimed, they will be displayed as "reserved, pending verification" to all Faceifi users.

If you create an Account and a Facial Profile you understand and agree that other Users of the Service will be able to view your Facial Profile as well as details of any associated URLs or Groups. In particular, you understand and agree that details of your Facial Profile may be returned as a possible match for Searches which have been carried out by other Users of the Service and that other Users may seek to use the Service to identify you from images in their possession. Whilst we ask all Users to use the Service responsibly and in accordance with these Terms and Conditions, we have no control over, and shall not be responsible for, the manner in which, or the purposes of which, other Users may use the Service.

If you use the Service you also understand and agree that the Service's Search feature is not 100% accurate and is only capable of suggesting Users who may be a possible match for a Search. Search results will give an indication of the likelihood of any possible matches identified but this is approximate only. Accordingly, you should not rely on the Service as a means of accurately identifying anybody from an image. You also understand and agree that your Facial Profile may be returned as a possible match for a Search against images of other people. As the searcher you understand and agree that the image used to identify a resulting profile will be made visible to the owner of that profile. The owner of that profile will be informed via email that they have been found using the service. You understand and agree that we do not guarantee the accuracy of any Search results and will not be responsible for any consequences which may follow from any person using the service to falsely identify another person from an image in their possession.

// 4. Bogus Accounts

If you create an Account or Facial Profile you must ensure that the information and images provided relate to you and that they are not misleading. You must not create an Account or Facial Profile for any other person or using information or images which relate to some other person (a "Bogus Account"). When creating an Account or Facial Profile or using the Service, you must not conceal you true identity or impersonate any other person.

If we believe that you have created a Bogus Account, or that you have attempted to do so, we reserve the right (in our absolute discretion) to require that you provide verification of your identity and/ or to suspend or disable or terminate your Account of Facial Profile with or without prior notice to you.

If you believe a Bogus Account may have been created by a User of this Service please contact us immediately by emailing hello@faceifi.com.

// 5. Code of Conduct

This Code of Conduct applies to all Users of the Service and any Account or Facial Profile created using the Service. If you register to use the Service you acknowledge and agree that you are entirely responsible for all information, images, URLs and other material that you upload, post, e-mail, transmit or link to via the Service. In addition, you agree to use the Service responsibly and for the purpose for which it was intended and to comply with all applicable laws and regulations.

In particular, you agree that you will not use the Service to:

• upload, post, e-mail, transmit or link to any content or material that is unlawful, harmful to minors or others, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

• engage in or promote any unlawful or criminal activity;

• impersonate any person or entity, misrepresent your age or identity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;

• 'stalk', bully or otherwise harass another;

• upload, post, e-mail, transmit or link to any content that you do not have a right to transmit or link to under any law or under contractual or fiduciary relationships;

• upload, post, e-mail, transmit or link to any content that infringes any copyright or intellectual property rights of any party;

• upload, post, e-mail, transmit or link to any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', or any other form of solicitation;

• upload, post, e-mail, transmit or link to any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;

• attempt to gain access to any Account of any other User or to any part of the Service which you are not authorised to access;

• disrupt the use of the Service by other Users, or otherwise act in a manner that negatively affects other Users' ability to use the Service.

This is not an exhaustive list. What we generally require of Users is lawful and considerate behaviour, which does not abuse the facilities which we make available. We will not tolerate any behaviour which damages our reputation, may expose us to civil or criminal liability or which has a negative impact on us on any other Users or prospective Users of the Service.

// 6. Breach of the Code of Conduct

The Service is designed to enable Users to create Facial Profiles and to Search for the Facial Profiles of other Users using images in their possession. It is intended to be used for social networking purposes only. As such, we do not actively moderate the use of the Service or any Account and (apart from in exceptional circumstances) we expect the Users of our Service to resolve any disputes or differences of opinion between themselves without involving us.

However, if we learn of or suspect any breach of our Code of Conduct or any other party of our Terms and Conditions, we reserve the right to take whatever action we consider (in our absolute discretion) necessary in the circumstances in order to protect ourselves from liability or to prevent or deter misuse of our Service or any Account. This may include;

• removing, amending or deleting any content which in our absolute discretion we consider to be unacceptable or undesirable;

• sending a formal notice requiring any User or Users of our Service to desist from unacceptable or undesirable behaviour;

• suspending, terminating or blocking access to the Service or any Account to any User or Users of the Service or any Account with or without notice, temporarily or permanently;

• reporting activities to the police or relevant authorities;

• taking legal action against any User or Users or assisting in legal action being taken against any User or Users.

If you use our Service you agree to indemnify and hold us and our employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any content or material you upload, post, e-mail, transmit or link to on or through the Service or any use of the Service by you which contravenes these Terms and Conditions.

We reserve the right to screen content posted to our transmitted via our Service for unlawful or objectionable content, although we shall be under no obligation to do so.

If you wish to report a breach of our Terms and Conditions or Code of Conduct you should email hello@faceifi.com.

// 7. Responsibility for Information and Content provided by Users

If you use our Service, you agree that you will be solely responsible for any information, images, URL's, links, messages, or other content or material you upload, post, e-mail, transmit or link to via the Service. You also understand and agree that all information, images, URLs, links, messages, and material uploaded, posted, transmitted or linked to via the Service by any other User ("User Content") is the sole responsibility of the person from whom it originated. We do not routinely control or check any such User Content and therefore do not guarantee the accuracy, integrity or quality of any such User Content.

Under no circumstances will we be liable in any way for any User Content, including (without limitation) any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of your use or reliance on any User Content. You agree that you must evaluate and bear all risks associated with the use of any User Content including any reliance on its accuracy or completeness.

// 8. Limited Warranty and Disclaimers

We warrant that we will use reasonable skill and care in making the Service available to you. Because of the nature of the Service, the sources from which the information appearing on the Service is obtained and because of the nature of the Internet, errors and omissions do occur and we do not give any other warranties in relation to the Service or this Website. In particular (but without limitation):

• We do not warrant the accuracy or integrity of any information appearing on this Service. This includes (but is not limited to) the results of any Searches and any User Content. You must use your own judgement when relying on or acting on any such information appearing accessed via the Service and do so at your own risk;

• We do not warrant that this Service will meet your requirements, be suitable for your particular purposes or achieve any particular result. You must satisfy yourself that the Service is suitable for your purposes before you use it.

• We do not warrant that the Service will be fault or virus free or continuously available. Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services or for reasons outside of our control. You should not rely on the Service as a place to store material, information and content and you shall be solely responsible for keeping back-up copies of any information, material you upload or transmit via the Service;

Accordingly, all implied warranties, which may have effect between us, are excluded from the agreement between us to the fullest extent permitted by law.

// 9. Limitation of Liability

Save as expressly provided in these Terms and Conditions, the Service is made available free of charge on an “AS IS” basis. If you use the Service you understand and agree that your information will be used in the ways described above and you use the service at your own risk. Accordingly, to the fullest extent permitted by law, we exclude all liability to you for any loss or damage (including but not limited to loss of profit, loss of opportunity, loss of earnings, loss of anticipated earnings or loss of data or for any indirect or consequential losses) howsoever arising out of your use of this Service or any fault or problem relating to this Service or any content on this or received through this Service or any use of the Service by any third party.

Nothing in these terms of use shall exclude or limit our liability for death or personal injury due to our negligence or for fraudulent misrepresentation or for any other liability which can not be excluded or limited under applicable law. Your statutory rights as a consumer are not affected by these Terms and Conditions.

// 10. Intellectual Property

Users shall retain ownership of all content and material which they upload or transmit to or via the Service. By submitting any such material to or via the Service you are granting to us a perpetual royalty-free non-exclusive licence to use such material, for the purpose of making the Service available to you and to other Users. If you upload or transmit any material to or via the Service you warrant that you have the right to grant us a licence to use such material in accordance with this section 10.

Our Website, App and the Service is protected by copyright, trade marks, database right and other intellectual property rights which are owned by us or by our licensors. You may retrieve and display any material you are authorised to access using the Service, on a computer screen, store such content in electronic form or print a reasonable number of copies of such material for your own personal, non-commercial use provided you keep intact all and any copyright and proprietary notice. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any content accessed via the Service without our prior written consent.

// 11. Privacy Policy

Our Service includes areas where you are requested to input information about yourself. Any information you submit to us through our Service shall be subject to the terms of our Privacy Policy. We use cookies on our Website. Further information about cookies and how we use them can be found in our Privacy Policy. By registering use you are consenting to our use of cookies in the ways described in our Privacy Policy.

// 12. Notices

All notices shall be given to us via email at hello@faceifi.com or by post to our registered office address set out in Clause 1 above; or to you at either the email or postal address you provide during the registration process. Notice will be deemed received when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

// 13. Cancellation and Termination

You may terminate your Account and contract with us at any time by notifying us in writing. If requested to do so we will remove your Facial Profile from the Service and delete all details relating to your profile from our systems.

We may discontinue the Service and/ or terminate your account at any time (for any reason) by giving reasonable notice to you. We may also terminate our contract with you and/ or terminate or suspend your Account or access to the Service with immediate effect if we believe you have breached or contravened any of these Terms and Conditions.

// 14. General

We may transfer and/or assign our rights and/or our obligations under these Terms and Conditions or our contract with you. This will not affect your rights under your contract. You may not transfer any of your rights or obligations under this agreement.

If you breach this agreement and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach this agreement.

Your registration details and these Terms and Conditions, together with our Privacy Policy and any additional legal terms or notices which we may post on our Website or Service from time to time, represents the entire terms agreed between us and may be amended only by our agreement in writing.

These Terms and Conditions and the contract between us shall be governed by English law. We will try to solve any disagreements quickly and efficiently. If you want to take court proceedings in relation to this agreement you must do so in the United Kingdom.

We will from time to time update and make changes to these Terms and Conditions. We recommend that you revisit these Terms and Conditions regularly and ideally each time you use the Service. These Terms and Conditions were last updated on 20-06-2013.

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